[House Document 116-134]
[From the U.S. Government Publishing Office]
116th Congress, 2d Session - - - - - - - - - House Document 116-134
BLOCKING PROPERTY OF CERTAIN PERSONS ASSOCIATED WITH THE INTERNATIONAL
CRIMINAL COURT
__________
COMMUNICATION
from
THE PRESIDENT OF THE UNITED STATES
transmitting
AN EXECUTIVE ORDER BLOCKING PROPERTY OF CERTAIN PERSONS ASSOCIATED WITH
THE INTERNATIONAL CRIMINAL COURT, PURSUANT TO 50 U.S.C. 1703(b); PUBLIC
LAW 95-223, SEC. 204(b); (91 STAT. 1627) AND 50 U.S.C. 1621(a); PUBLIC
LAW 94-412, SEC. 201(a); (90 STAT. 1255)
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
June 18, 2020.--Referred jointly to the Committee on Foreign Affairs
and the Judiciary, and ordered to be printed
__________
U.S. GOVERNMENT PUBLISHING OFFICE
99-011 WASHINGTON : 2020
The White House,
Washington, June 11, 2020.
Hon. Nancy Pelosi,
Speaker of the House of Representatives,
Washington, DC.
Dear Madam Speaker: Pursuant to the International Emergency
Economic Powers Act (IEEPA) (50 U.S.C. 1701 et seq.) and the
National Emergencies Act (50 U.S.C. 1601 et seq.), I hereby
report I have issued an Executive Order (the ``order'') that
declares a national emergency with respect to the attempts by
the International Criminal Court (ICC) to assert authority over
United States personnel without the consent of the United
States, and over personnel of countries that are allies of the
United States without these governments' consent.
The order blocks the property and interests in property of
foreign persons determined by the Secretary of State, in
consultation with the Secretary of the Treasury and the
Attorney General:
To have directly engaged in any effort by
the ICC to investigate, arrest, detain, or prosecute
any United States personnel without the consent of the
United States;
To have directly engaged in any effort by
the ICC to investigate, arrest, detain, or prosecute
any personnel of a country that is an ally of the
United States without the consent of that country's
government;
To have materially assisted, sponsored, or
provided financial, material, or technological support
for, or goods or services to or in support of, any
activity described in subsection (a)(i)(A) or (a)(i)(B)
of the order or any person whose property and interests
in property are blocked pursuant to the order; and
To be owned or controlled by, or to have
acted or purported to act for or on behalf of, directly
or indirectly, any person whose property and interests
in property are blocked pursuant to this order.
Under section 212(f) of the Immigration and Nationality Act
of 1952 (8 U.S.C. 1182(f)), the order also suspends the
unrestricted immigrant and nonimmigrant entry into the United
States of aliens, and their immediate family members, and
persons designated by the Secretary of State to be employed by,
or acting as an agent of, the ICC.
I have delegated to the Secretary of the Treasury, in
consultation with the Secretary of State, the authority to take
such actions, including adopting rules and regulations, to
employ all powers granted to the President by IEEPA as may be
necessary to implement the order.
I am enclosing a copy of the order I have issued.
Sincerely,
Donald J. Trump.
Executive Order
Blocking Property of Certain Persons Associated With the International
Criminal Court
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50
U.S.C. 1601 et seq.) (NEA), section 212(f) of the Immigration
and Nationality Act of 1952 (8 U.S.C. 1182(f)), and section 301
of title 3, United States Code,
I, DONALD J. TRUMP, President of the United States of
America, find that the situation with respect to the
International Criminal Court (ICC) and its illegitimate
assertions of jurisdiction over personnel of the United States
and certain of its allies, including the ICC Prosecutor's
investigation into actions allegedly committed by United States
military, intelligence, and other personnel in or relating to
Afghanistan, threatens to subject current and former United
States Government and allied officials to harassment, abuse,
and possible arrest. These actions on the part of the ICC, in
turn, threaten to infringe upon the sovereignty of the United
States and impede the critical national security and foreign
policy work of United States Government and allied officials,
and thereby threaten the national security and foreign policy
of the United States. The United States is not a party to the
Rome Statute, has never accepted ICC jurisdiction over its
personnel, and has consistently rejected ICC assertions of
jurisdiction over United States personnel. Furthermore, in
2002, the United States Congress enacted the American Service
Members' Protection Act (22 U.S.C. 7421 et seq.) which rejected
the ICC's overbroad, non-consensual assertions of jurisdiction.
The United States remains committed to accountability and to
the peaceful cultivation of international order, but the ICC
and parties to the Rome Statute must respect the decisions of
the United States and other countries not to subject their
personnel to the ICC's jurisdiction, consistent with their
respective sovereign prerogatives. The United States seeks to
impose tangible and significant consequences on those
responsible for the ICC's transgressions, which may include the
suspension of entry into the United States of ICC officials,
employees, and agents, as well as their immediate family
members. The entry of such aliens into the United States would
be detrimental to the interests of the United States and
denying them entry will further demonstrate the resolve of the
United States in opposing the ICC's overreach by seeking to
exercise jurisdiction over personnel of the United States and
our allies, as well as personnel of countries that are not
parties to the Rome Statute or have not otherwise consented to
ICC jurisdiction.
I therefore determine that any attempt by the ICC to
investigate, arrest, detain, or prosecute any United States
personnel without the consent of the United States, or of
personnel of countries that are United States allies and who
are not parties to the Rome Statute or have not otherwise
consented to ICC jurisdiction, constitutes an unusual and
extraordinary threat to the national security and foreign
policy of the United States, and I hereby declare a national
emergency to deal with that threat. I hereby determine and
order:
Section 1. (a) All property and interests in property that
are in the United States, that hereafter come within the United
States, or that are or hereafter come within the possession or
control of any United States person, of the following persons
are blocked and may not be transferred, paid, exported,
withdrawn, or otherwise dealt in:
(i) any foreign person determined by the Secretary of
State, in consultation with the Secretary of the
Treasury and the Attorney General:
(A) to have directly engaged in any effort by
the ICC to investigate, arrest, detain, or
prosecute any United States personnel without
the consent of the United States;
(B) to have directly engaged in any effort by
the ICC to investigate, arrest, detain, or
prosecute any personnel of a country that is an
ally of the United States without the consent
of that country's government;
(C) to have materially assisted, sponsored,
or provided financial, material, or
technological support for, or goods or services
to or in support of, any activity described in
subsection (a)(i)(A) or (a)(i)(B) of this
section or any person whose property and
interests in property are blocked pursuant to
this order; or
(D) to be owned or controlled by, or to have
acted or purported to act for or on behalf of,
directly or indirectly, any person whose
property and interests in property are blocked
pursuant to this order.
(b) The prohibitions in subsection (a) of this section
apply except to the extent provided by statutes, or in
regulations, orders, directives, or licenses that may be issued
pursuant to this order, and notwithstanding any contract
entered into or any license or permit granted before the date
of this order.
Sec. 2. I hereby determine that the making of donations of
the types of articles specified in section 203(b)(2) of IEEPA
(50 U.S.C. 1702(b)(2)) by, to, or for the benefit of any person
whose property and interests in property are blocked pursuant
to section 1(a) of this order would seriously impair my ability
to deal with the national emergency declared in this order, and
I hereby prohibit such donations as provided by section 1(a) of
this order.
Sec. 3. The prohibitions in section 1(a) of this order
include:
(a) the making of any contribution or provision of funds,
goods, or services by, to, or for the benefit of any person
whose property and interests in property are blocked pursuant
to section 1(a) of this order; and
(b) the receipt of any contribution or provision of funds,
goods, or services from any such person.
Sec. 4. The unrestricted immigrant and nonimmigrant entry
into the United States of aliens determined to meet one or more
of the criteria in section 1(a) of this order, as well as
immediate family members of such aliens, or aliens determined
by the Secretary of State to be employed by, or acting as an
agent of, the ICC, would be detrimental to the interests of the
United States, and the entry of such persons into the United
States, as immigrants or nonimmigrants, is hereby suspended,
except where the Secretary of State determines that the entry
of the person into the United States would not be contrary to
the interests of the United States, including when the
Secretary so determines, based on a recommendation of the
Attorney General, that the person's entry would further
important United States law enforcement objectives. In
exercising this responsibility, the Secretary of State shall
consult the Secretary of Homeland Security on matters related
to admissibility or inadmissibility within the authority of the
Secretary of Homeland Security. Such persons shall be treated
as persons covered by section 1 of Proclamation 8693 of July
24, 2011 (Suspension of Entry of Aliens Subject to United
Nations Security Council Travel Bans and International
Emergency Economic Powers Act Sanctions). The Secretary of
State shall have the responsibility for implementing this
section pursuant to such conditions and procedures as the
Secretary has established or may establish pursuant to
Proclamation 8693.
Sec. 5. (a) Any transaction that evades or avoids, has the
purpose of evading or avoiding, causes a violation of, or
attempts to violate any of the prohibitions set forth in this
order is prohibited.
(b) Any conspiracy formed to violate any of the
prohibitions set forth in this order is prohibited.
Sec. 6. Nothing in this order shall prohibit transactions
for the conduct of the official business of the Federal
Government by employees, grantees, or contractors thereof.
Sec. 7. For the purposes of this order:
(a) the term ``person'' means an individual or entity;
(b) the term ``entity'' means a government or
instrumentality of such government, partnership, association,
trust, joint venture, corporation, group, subgroup, or other
organization, including an international organization;
(c) the term ``United States person'' means any United
States citizen, permanent resident alien, entity organized
under the laws of the United States or any jurisdiction within
the United States (including foreign branches), or any person
in the United States;
(d) the term ``United States personnel'' means any current
or former members of the Armed Forces of the United States, any
current or former elected or appointed official of the United
States Government, and any other person currently or formerly
employed by or working on behalf of the United States
Government;
(e) the term ``personnel of a country that is an ally of
the United States'' means any current or former military
personnel, current or former elected or appointed official, or
other person currently or formerly employed by or working on
behalf of a government of a North Atlantic Treaty Organization
(NATO) member country or a ``major non-NATO ally'', as that
term is defined by section 2013(7) of the American Service-
Members' Protection Act (22 U.S.C. 7432(7)); and
(f) the term ``immediate family member'' means spouses and
children.
Sec. 8. For those persons whose property and interests in
property are blocked pursuant to this order who might have a
constitutional presence in the United States, I find that
because of the ability to transfer funds or other assets
instantaneously, prior notice to such persons of measures to be
taken pursuant to section 1 of this order would render those
measures ineffectual. I therefore determine that for these
measures to be effective in addressing the national emergency
declared in this order, there need be no prior notice of a
listing or determination made pursuant to section 1 of this
order.
Sec. 9. The Secretary of the Treasury, in consultation with
the Secretary of State, is hereby authorized to take such
actions, including adopting rules and regulations, and to
employ all powers granted to me by IEEPA as may be necessary to
implement this order. The Secretary of the Treasury may,
consistent with applicable law, redelegate any of these
functions within the Department of the Treasury. All
departments and agencies of the United States shall take all
appropriate measures within their authority to implement this
order.
Sec. 10. The Secretary of the Treasury, in consultation
with the Secretary of State, is hereby authorized to submit
recurring and final reports to the Congress on the national
emergency declared in this order, consistent with section
40l(c) of the NEA (50 U.S.C. 164l(c)) and section 204(c) of
IEEPA (50 U.S.C. 1703(c)).
Sec. 11. (a) Nothing in this order shall be construed to
impair or otherwise affect:
(i) the authority granted by law to an executive
department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of
Management and Budget relating to budgetary,
administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law
or in equity by any party against the United States, its
departments, agencies, or entities, its officers, employees, or
agents, or any other person.
Donald J. Trump.
The White House, June 11, 2020.
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